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WESTERN ELECTRIC CO. v. PACENT REPRODUCER CORPORATION

No. 264.

42 F.2d 116 (1930)

WESTERN ELECTRIC CO., Inc., et al. v. PACENT REPRODUCER CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

May 5, 1930.

Attorney(s) appearing for the Case

Charles Neave, of New York City (William R. Ballard, F. T. Woodward, and H. R. Ashton, all of New York City, of counsel), for appellants.

Kenyon & Kenyon, of New York City (Wm. Houston Kenyon, Theodore S. Kenyon, and W. Houston Kenyon, Jr., all of New York City, of counsel), for appellees.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge (after stating the facts as above).

After dismissal of the previous appeal, reported in (C. C. A.) 37 F.2d 14, the District Court entered the final order of dismissal, which is now before us. The sole question presented is whether the two licensees should have been permitted to join as co-plaintiffs with the patent owner. The appellants rely upon Equity Rule 37 (28 US CA § 723, p. 20) and the acknowledged...

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